Loaded rates in agreements case

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Introduction

In October 2017, 8 applications for approval of enterprise agreements raising issues of general interest were referred to a Full Bench of the Fair Work Commission.

The applications all raise issues concerning how the 'better off overall test' should be applied to an agreement which rolls up penalty rate payments and other benefits into loaded rates of pay.

Three of these applications have now been withdrawn.

The Full Bench has directed parties to make any written submissions or undertakings concerning whether their relevant agreement passes the 'better off overall test' by 5pm on Wednesday, 18 October 2017.

The Full Bench has also invited the Minister for Employment and the Peak Councils (Australian Industry Group, Australian Chamber of Commerce and Industry and the Australian Council of Trade Unions) to make submissions by 5pm on Wednesday, 1 November 2017.

The hearing will take place before the Full Bench at 10am on Wednesday, 15 November 2017 in Sydney, with video links to other locations available on request.